R. Daniel Scheid

Contact

501 S. Cherry Street, #1100

Denver, Colorado 80246

Phone: (303) 331-7970

Fax: (720) 728-1253

Email: [email protected]

Areas of Practice

Complex Commercial Litigation
Bankruptcy Litigation

Past Positions

Lewis, Scheid LLC, Partner, 2004-2009
Sander, Scheid, Ingebretsen, Miller & Parish, Partner, 2001-2004
LeBoeuf, Lamb, Greene & MacRae (Denver Office), Of Counsel, 1997-2001
Popham, Haik, Schnobrich & Kaufman, Ltd. (Denver Office), Shareholder, 1986-1997
Popham, Haik, Schnobrich & Kaufman, Ltd. (Denver Office), Associate, 1981-1985

Bar Admissions

Colorado, 1981
S. District Court District of Colorado, 1981
S. Court of Appeals 10th Circuit, 1986
S. Court of Appeals 9th Circuit, 2016

Education

University of Denver College of Law, Denver, Colorado, 1981

J.D.
Honors: Order of St. Ives

University of Colorado, Colorado, 1978

B.S. Business Management (Area of Emphasis: Mineral Land Management)
Honors: Cum Laude

Reported Cases

Platinum Logistics, Inc. v. Platinum Cargo Logistics, Inc. et al., 2015 WL 11921401 (S.D. Cal. 2015)
Walker v. International Fidelity Insurance Company et al., 2014 WL 463803 (D. Colo. 2014)
Natural Wealth Real Estate, Inc. et al. v. Cohen, et al., 2008 WL 511761 (D. Colo. 2008)
Natural Wealth Real Estate, Inc. et al. v. Cohen, et al., 2007 WL 201252 (D. Colo. 2007)
Natural Wealth Real Estate, Inc. et al. v. Cohen, et al., 2006 WL 3833893 (D. Colo. 2006)
Greenberg & Associates, Inc., et al. v. Cohen, et al., 2005 WL 3527294 (D. Colo. 2005)
Hughes, et al. v. BCI International Holdings, Inc., et al., 452 F. Supp. 2d 290 (S.D.N.Y. 2006)

Student Marketing Group, Inc. v. College Partnership, Inc., 2005 WL 2027689 (D. Colo. 2005)
Wilson, et al. v. Amoco Corporation, 33 F.Supp.2d 981 (D.Wyo. 1998)
Wilson, et al. v. Amoco Corporation, 33 F.Supp.2d 969 (D.Wyo. 1998)
Phar-Mor Multi-District Securities Litigation, 166 B.R. 57 (W.D. Pa. 1994)
SaBell’s, Inc., et al. v. The City of Golden, et al., 832 P.2d 974 (Colo. App. 1991)
Emmons Mining Company, et al. v. Town of Crested Butte, et al., 690 P.2d 231 (Colo. 1984)

For more information about our firm and services, or to speak with an experienced lawyer, contact Scheid Cleveland, LLC.

Litigation Experience

Mr. Scheid has broad experience in the handling of complex commercial litigation matters, and has consistently achieved favorable results in many large, vigorously contested disputes. He has pursued and defended cases brought in federal and state courts located in Colorado, Arizona, California, Florida, New Mexico, Utah, Wyoming, Iowa, Minnesota, Pennsylvania, and New York.

Mr. Scheid represented one of the seven plaintiffs that went to trial for several weeks in the Phar-Mor Multi-District Securities litigation which was consolidated in the U.S. District Court of the Western District of Pennsylvania, and represented one of the four consolidated plaintiffs in the MiniScribe Securities Litigation in U.S. District Court for the District of Colorado.

His commercial litigation experience has also included cases involving:

breach of contract, fraud, business tort, professional negligence, and securities claims;
defense of trademark infringement, cyber-squatting, and other Lanham Act claims;
breach of technology licensing agreements and misappropriation of trade secrets claims brought on behalf of inventors and licensors;
breach of license and copyright infringement claims brought on behalf of an international communications product supplier;
copyright infringement and trademark claims brought on behalf of clothing designers and distributors;
trade dress claims brought and defended on behalf of a knife manufacturer;
pursuit and defense of claims regarding internal business disputes between company owners;
pursuit of claims brought on behalf of real estate developers against municipalities and private parties for breach of contract, promissory estoppel, and other related claims;
pursuit of securities, breach of contract, and other related claims against financial institutions for sale of inappropriate investments and other misconduct;
pursuit of breach of contract, tortious bad faith, and statutory bad faith claims on behalf of churches and other insureds against insurance companies and adjusters for unreasonable denial and unreasonable delay of payment of insurance benefits.
breach of mineral lease agreements brought on behalf of royalty owners;
resolution of ownership and title disputes regarding mining claims and related properties;
pursuit and defense of construction-related claims (including mechanic’s lien actions) on behalf of architects, engineers, contractors, and other individuals and entities;
defense of class action and private environmental claims;
pursuit and defense of defamation, disparagement, and consumer protection claims;
pursuit of professional negligence claims (both private claims and class action claims);
pursuit of rights and remedies on behalf of creditors, including unlawful distributions to owners and successor liability claims;
breach of loan and lease agreements brought on behalf of banks, equipment leasing companies, and other financial institutions;
the pursuit and defense of replevin, fraudulent transfer, preferential transfer, and dischargeability claims;

Mr. Scheid also provides general corporate representation for companies that operate in a wide variety of industries, including real estate owners and developers, general contractors, transportation and logistics providers, and sellers of artificial intelligence technologies.

In addition, Mr. Scheid has experience representing secured and unsecured creditors in Chapter 7 and Chapter 11 bankruptcy proceedings, negotiation of non-bankruptcy loan workouts, and UCC matters. In that context, he has represented liquidating trustees in complex commercial litigation matters concerning significant estate assets (including rights to minimum annual advance royalties on coal leases and former interests in the Colorado Rockies).

Significant Litigation Matters Have Included:

Commercial

MiniScribe Securities Litigation – (D. Colo.)
Represented one of the four consolidated plaintiffs in the MiniScribe Securities Litigation in the U.S. District Court for the District of Colorado, involving one of the largest accounting frauds and largest fraud settlements in state history.
Phar-Mor Multi-District Securities Litigation – (W.D. Pa.)
Served as lead trial counsel for one of the seven plaintiffs that went to trial in the Phar-Mor securities litigation which was consolidated and tried in the U.S. District Court for the Western District of Pennsylvania, resulting in a multi-million dollar settlement for the client after two months of trial. Reported decision (regarding denial of motion to stay creditors’ actions): 166 B.R. 57 (W.D. Pa. 1994). (Ziegler, Chief J.).
Canyon Fuel Company v. Skyline Partners 1993 L.P. – (D. Utah)
Represented a lessor under a Sublease and Assignment Agreement with respect to defendant’s non-payment of minimum annual advance royalties due under federal coal leases located in Utah. Plaintiff obtained a settlement which resulted in full payment of the royalties due, attorney’s fees, costs, and interest, plus a new overriding royalty on adjacent lands.
David J. Beckman, Liquidating Trustee v. Colorado Rockies – (D. Colo.)
Represented the liquidating trustee for the Oren L. Benton bankruptcy estate with regard to claims brought against the Colorado Rockies’ ownership and management entities concerning the scope and terms of the bankruptcy estate’s ownership interest, resulting in the recovery of a confidential sum.
Hughes v. BCI International Holding, Inc., et al. – (S.D.N.Y.)
Represented a purchaser of securities with regard to fraud, negligent misrepresentation, Colorado Securities Act, unjust enrichment, estoppel, fraudulent conveyance, and breach of fiduciary duty claims against officers, directors, and other insiders of a company purportedly engaged in business of developing bio-composites projects, in South Africa. Case was favorably settled prior to trial. Reported decision (re: denial of motions to dismiss); 452 F. Supp. 2d 290 (S.D.N.Y. 2006) (Baer, J.).
Natural Wealth Real Estate, Inc. v. Cohen – (D. Colo.).
Represented registered investment advisers and a licensed broker-dealer with regard to the defense of breach of contract and tort claims. Obtained a dismissal of claims on summary judgment. Reported decision (re: dismissal of contract and tort claims on summary judgment); 2005 WL 3527294 (D. Colo.) (Babcock, J.).
Szymankowski et al. v. Allstate Insurance Company et. al – (Arapahoe County, Colorado District Court)
Represented a former Allstate insurance agent with regard to tortious interference and breach of implied duties of good faith and fair dealing claims arising out of the attempted sale of an economic interest in a book of business to a new agent. Two-week jury trial resulted in a substantial six-figure verdict for the insurance agent.
Harold D. Caldwell v. Robert F. Barnes – (Gilpin County, Colorado District Court)
Represented a property owner and his assignees with regard to the recovery of title to mining claims and other properties wrongfully seized and conveyed by various third parties. Obtained recoveries pursuant to settlements reached in state court litigation in Gilpin County, Colorado and a bankruptcy court adversary proceeding in the Southern District of Florida.
Weidenbach v. PVG Asset Management Corporation – (Jefferson County, Colorado District Court)
Represented an elderly couple with regard to breach of contract, fiduciary duty, negligence, and Colorado Securities Act claims brought against a registered investment adviser firm and control persons for mismanagement of a Pension Plan and IRA. Obtained confidential settlement shortly before trial.
Platinum Cargo Logistics, Inc. v. LuxSauna, Inc., et al. – (Denver County, Colorado District Court).
Represented a transportation and logistics provider with regard to breach of contract, fraudulent transfer, unlawful distributions to owner, and successor liability claims asserted against a debtor. A one-week bench trial resulted in an order finding in client’s favor on all claims, and recovery of all categories of damages, plus interest, attorney’s fees, and costs.

Construction

Bebo Construction Co. v. BRW – (Douglas County, Colorado District Court)
Represented an engineer/inspector with regard to the defense of claims brought by a general contractor for damages allegedly caused by an alleged failure to detect fraudulently-installed anchor bolts on a state highway bridge project. Obtained dismissal of claims on motion for summary judgment.
Torian Plum Holdings, Ltd., et al. Cresthills Inc. et al. – (Denver County, Colorado District Court)
Represented an inspecting architect with regard to the defense of claims brought by owners and project lenders for allegedly defective design and construction of a multi-use facility (hotel/condominium/restaurant/ shopping mall) in Steamboat Springs, Colorado, resulting in a favorable settlement prior to trial.

Real Estate Development

Pearson v. Cross Mountain Ranch – (Routt County, Colorado District Court)
Represented the owner of hunting lodge facilities with regard to construction cost and related matters, resulting in a favorable settlement prior to trial.
Westminster Commons Development v. McElliott
Represented a real estate developer group with regard to breach of contract, bad faith, unjust enrichment, negligence, and equitable claims asserted against a shopping center developer that improperly terminated the client’s membership status and wrongly seized its membership interests. A one-week arbitration hearing resulted in an award in excess of $2.0M, finding in client’s favor on all claims and recovery of all categories of damages, plus attorney’s fees and costs.
Village East Community v. Town of Frederick – (Weld County, Colorado District Court)
Represented a real estate developer with regard to the pursuit of breach of contract and promissory estoppel claims asserted with regard to the enforcement of water rights determinations approved by Town staff. Case was favorably settled shortly before Trinity
LOB, LLC v. SP Lochbuie – (Weld County, Colorado District Court)
Represented a real estate developer with regard to breach of contract and promissory estoppel claims asserted with regard to the enforcement of a fill dirt supply agreement with an adjacent landowner/developer. Case was favorably settled prior to trial.

Environment

Wilson, et al. v. Amoco Corporation, Burlington Northern Railroad Company, et al. – (D. Wyo.)
Obtained denial of class certification in a RCRA, Clean Water Act, and mass tort case brought in Wyoming federal district court, which resulted in a significant reduction in, and negligible settlement of plaintiff’s claims; also obtained summary judgment dismissing Clean Water Act claims. Reported decisions (re denial of class certification and dismissal of claims: 33 F.Supp. 2d 969 (D. Wyo. 1998); 33 F.Supp. 2d 981 (D. Wyo. 1998), (Judge Brimmer)

Intellectual Property

Icelandic Design v. The TJX Companies – (D. Colo.)
Represented a designer, manufacturer, and distributor of Nordic-style sweaters with respect to copyright infringement and trade dress claims brought against a large, national discount retailer, resulting in a favorable settlement shortly after commencement of the case.
Icelandic Design v. The Target Corporation – (D. Colo.)
Represented a designer, manufacturer, and distributor of Nordic-style ski hats and gloves with respect to copyright infringement and trade dress claims brought against a large, national discount retailer, resulting in a favorable settlement shortly before trial.
Spyderco v. Benchmade – (D. Colo.)
Represented a knife manufacturer with regard to the defense of a breach of contract claim and the assertion of trademark/trade dress counterclaims. Obtained a favorable settlement on confidential terms shortly after commencement and removal of the case to federal court.
Mitel, Inc., et al. v. Dean Communications Enterprises, Inc., et al. – (D. Colo.)
Represented an international communications products supplier in the pursuit of copyright infringement, breach of license agreement, and misappropriation of trade secrets claims. Obtained a large settlement shortly prior to trial.
Gombas v. Ihly – (Denver County, Colorado District Court)
Participated in six-week jury trial which resulted in a seven-figure jury verdict for an inventor/licensor of patented and other intellectual property (high speed machinery) against a manufacturer/licensee based upon non-payment of royalties and misappropriation of trade secrets.
Platinum Logistics, Inc. v. Platinum Cargo Logistics, Inc. – (S.D. Cal.).
Represented a transportation and logistics provider with regard to the defense of a trademark infringement case. Obtained dismissal of claims on motions. Reported decision (re: dismissals) 2015 WL 11921401 (S.D. Cal.) (Bencivengo, J.). Following further proceedings on appeal and remand, the case was resolved on confidential terms.

Insurance Badfaith

Walker v. International Fidelity Insurance Company, Inc. et al. – (D. Colo.).
Represented a licensed bail bond agent with regard to breach of contract, bad faith, quantum meruit, promissory estoppel, fraud, non-disclosure, fiduciary duty, and tortious interference claims asserted in connection with defendants’ non-payment of amounts owed under agreements executed for the purchase of the agent’s book of business. Shortly after the court’s denial of defendants’ motion to dismiss, the case was favorably settled for a confidential sum. Reported decision (re denial of motion to dismiss): 2014 WL 463803 (D. Colo.) (Babcock, J.)/p>
Miltenberger v. Voya Insurance and Annuity Company et al.
Represented an elderly individual with regard to negligence, fiduciary duty, bad faith, and estoppel claims brought against a seller and a servicer of variable annuity contracts, seeking restoration of a Guaranteed Death Benefit improperly terminated without proper notice and assistance. Obtained restoration of the death benefit prior to filing suit.
The Sanctuary Downtown v. Seneca Insurance Company et al. – (Denver County, Colorado District Court).
Represented a church with regard to breach of contract, tortious bad faith, and statutory bad faith claims asserted against an insurance company and an adjuster for their unreasonable denial and delay of benefits relating to wind/hail loss to roof and windows. Obtained a $1.0M settlement soon after filing the case.